disclaimer and terms of use

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disclaimer and terms of use

 

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

 

This website contains articles, blog postings, ads, and links related to health and fitness topics. However MAHINDRA RETAIL PRIVATE LIMITED will not make any warranty to the accuracy of the material.. No information presented on this site should be ever used for treating a medical or heath condition without consulting your doctor or physician. MRPL will not be responsible for any ill effects, damage to health or any side effects as a result of following any information or advice given on this web site.


All material published on this website, including text, graphics, images, and external links are entirely for general information purposes only.


None of the information presented is to be used as a substitute for advice given by a medical professional. Everyone is encouraged to confirm any information obtained from and/or through this site with your physician.


MAHINDRA RETAIL PRIVATE LIMITED makes no representation and will not assume responsibility for any information contained in or made available through this web site. MAHINDRA RETAIL PRIVATE LIMITED do not endorse the opinions of third parties expressed on or found through this website.


This site is displays ads from third parties, but this site is not responsible for the content of the ads or the linked sites.


Any information received from this website does not establish a doctor/patient relationship with a physician. NEVER delay or disregard seeking medical advice from a qualified health care provider because of something you may have read on or accessed through this site.


MAHINDRA RETAIL PRIVATE LIMITED does not recommend or endorse any specific tests, devices, products, services, physicians, or medical institutions that may be mentioned or referenced on this Web site. Any advertisers who purchase banners or otherwise support MAHINDRA RETAIL PRIVATE LIMITED and this Web site have no influence on the editorial content or presentation and any such advertisements are not implied or express endorsements of any product, service, or company.


If you have or think you might have a medical emergency, call your physician immediately.


 

By accessing and browsing the Mahindra Retail Private Limited (the ‘Company’) web site or by using and/or downloading any content from the same, you agree and accept the Terms of Use as set forth below.

 

Purpose of the web site

 

All the materials contained in the Company’s website are provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and the Company. No information provided on this site shall be considered a substitute for your independent investigation.

 

The information provided on this web site may be related to products or services that are not available in your country.

 

Links to Third-Party Web Sites

 

Links to third-party web sites are provided for convenience only and do not imply any approval or endorsement by the Company of the linked sites, even if they may contain the Company’s logo, as such sites are beyond the Company’s control. Thus, the Company cannot be held responsible for the content of any linked site or any link contained therein.

 

You acknowledge that framing the Company’s website or any similar process is prohibited.

 

Intellectual Property

 

This web site is the exclusive property of the Company. Any material that it contains, including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons or html code is protected under the intellectual property laws and remains the Company or third party’s property.

 

You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorization is prohibited.

 

Warranty and Liability

 

All materials, including downloadable software, contained in the Company’s web site is provided on ‘as is’ basis and without warranty of any kind to the extent allowed by the applicable law. While the Company will use reasonable efforts to provide reliable information through its web site, the Company does not warrant that this web site is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan and the like, or that its content is appropriate for your particular use or up to date. The Company reserves the right to change the information at any time without notice. The Company does not warrant any results derived from the use of any software available on this site. You are solely responsible for any use of the materials contained in this site.

 

The information contained in this site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the Company.

 

The Company will not be liable for any indirect, consequential or incidental damages, including but not limited to loss of profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked site.

 

Users’ Comments

 

The Company does not assume any obligation to monitor the information that you may post on its website.

 

You warrant that any and all information projects, files or other attachments sent to us  (‘Material’) or comments other than personal data, that you may transmit to the Company through the website does not infringe intellectual property rights or any other applicable law. Such information, material or comments, will be treated as non-confidential and non proprietary. By submitting any information or material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such information, material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such information in any way it chooses.

 

Applicable law - Severability

 

These Terms of Use are governed by the Indian Law. The courts in Mumbai have jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use.

 

If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

Modifications of the Terms of Use

 

The Company reserves the right to change the Terms of Use under which this web site is offered at any time and without notice. You will be automatically bound by these modifications when you use this site, and should periodically read the Terms of Use.

 

After having read and understood the disclaimer and copyright notice, I hereby agree to accept and abide by all the terms and conditions as mentioned therein at my sole responsibility.

 

I agree.


 

TERMS AND CONDITIONS


1.0 Acceptance
1.1 These Rules and Terms of Service comprises the complete Agreement and Contract between you ("Member") and MAHINDRA RETAIL PRIVATE LIMITED in relation to the service/s provided by MAHINDRA RETAIL PRIVATE LIMITED at its website http://www.momandme.in ("the Site") and supersedes all previous agreements, contracts and communications (oral or written) in this behalf. By completing the online electronic registration process and clicking the "I Accept" button, you bind yourself to the provisions of these Terms and Conditions of Service.


2.0 Definitions


2.1 MAHINDRA RETAIL PRIVATE LIMITED means the company, corporation, firm, individual or association of persons currently administering, providing content for, maintaining and otherwise managing the Site and every employee of MAHINDRA RETAIL PRIVATE LIMITED and its advertising agent or agents for the time being and their employees, and every consultant, advisor and associate of MAHINDRA RETAIL PRIVATE LIMITED and their respective employees.


2.2 "Contest" means any contest, promotion, sweepstakes, lucky draw, or any other scheme by whatever name called involving an element of chance with or without an accompanying test of any skill, aptitude or talent.


2.3 "Contract", "Agreement" and "Terms of Service" refer to the terms and conditions herein set forth.


2.4 "Employee" means every person working in any capacity for MAHINDRA RETAIL PRIVATE LIMITED as defined herein and includes every member of his family and every person residing in his household as a member of his family.


2.5 "Hosting", with all its grammatical variations, means and includes the provision of Services by MAHINDRA RETAIL PRIVATE LIMITED at the Site and subject always to the provisions of the Contract.


2.6 "Id" means the unique identification name or number assigned to every Member.


2.7 "Member" means and includes every person who, having satisfied the Eligibility Criteria set forth herein, has successfully completed the on-line registration process at the Site and has been assigned a unique Id by MAHINDRA RETAIL PRIVATE LIMITED and is not in default and has not committed breach of any of the terms of this Agreement.


2.8 "Personal Information" means all information about the Member provided to MAHINDRA RETAIL PRIVATE LIMITED via on-line forms at the Site or by any other means of communication, whether electronic, oral or written.


2.9 "Site" with all its grammatical variations refers to the web site hosted on the Internet/World Wide Web with the address of http://www.momandme.in or such other address as may periodically be assigned to or adopted by MAHINDRA RETAIL PRIVATE LIMITED 


2.10 "Services" means MAHINDRA RETAIL PRIVATE LIMITED  offers the Member, on an "as-is" and "when available" basis, the opportunity to participate in all contests, promotions, games scheme hosted for the time being on the Site by MAHINDRA RETAIL PRIVATE LIMITED on behalf of one or more Contest Providers.


2.11 "Winning" with all its grammatical variations means and includes any prize, cash, gift, exchange coupon or certificate and every other item of like nature that is or may be offered by the Contest Provider as the final result of any Contest hosted by MAHINDRA RETAIL PRIVATE LIMITED on the Site; and "winner" means a Member who is entitled as the result of any Contest to receive a winning.


 3.0 Interpretation


3.1 Words conveying the singular shall, where required or appropriate be deemed to mean and include the plural. Words conveying the feminine gender shall be deemed to mean and include the masculine gender.


Consideration for Service - In consideration for this Service, the Member hereby:


4.1 agrees to provide MAHINDRA RETAIL PRIVATE LIMITED  such current, complete, and accurate information about the Member ("Personal Information") as may be required by MAHINDRA RETAIL PRIVATE LIMITED  via the Site.


4.2 All such personal information wll be retained by MAHINDRA RETAIL PRIVATE LIMITED and is not otherwise transferred outside unless required by law or by court/governmental order to disclose such information in a particular circumstance. MAHINDRA RETAIL PRIVATE LIMITED may use the information member provides for assessment and analysis (e.g. customer, promotional and market analysis) to review, develop and improve the services which offered and also to monitor customer traffic patterns and site usage. Where a service, promotion and/or contest is co-sponsored and or provided together with a third party, any information collected pursuant to such service, promotion and/or contest may be shared with the co-sponsor or third party. MAHINDRA RETAIL PRIVATE LIMITED also reserves the right to use the information collected to occasionally notify member by email, telephone (including automated calls, SMS text messages and other electronic messages such as picture messaging) about promotions, products, launches etc (including newsletter, bulletins, offers, new launches, competitions and so on).


4.3 MAHINDRA RETAIL PRIVATE LIMITED agrees and undertakes to maintain the absolute confidentiality of his Id and not to disclose the same to any other person or entity whatsoever at any time under any circumstances and further agrees and undertakes to forthwith notify MAHINDRA RETAIL PRIVATE LIMITED  of any breach of the aforesaid confidentiality, loss, misplacement, theft, misuse or abuse of the Id.


5.0 Right of Modification, Termination and Discontinuance


5.1 At all times, MAHINDRA RETAIL PRIVATE LIMITED shall have the absolute right to modify, discontinue or terminate the Service without notice to the Member.


5.2 It is expressly agreed and understood by the Member that MAHINDRA RETAIL PRIVATE LIMITED  shall not be liable to the Member or to any third party for such modification, discontinuance or termination.


5.3 The Member shall be entitled to discontinue his membership by written communication, duly authenticated, delivered to MAHINDRA RETAIL PRIVATE LIMITED  at the address specified on the Site for the said purpose.


Right of Termination of Membership
If, in the sole opinion of MAHINDRA RETAIL PRIVATE LIMITED , the reasons where for MAHINDRA RETAIL PRIVATE LIMITED  shall not be bound to disclose, the Member has contravened, committed hacking or committed breach of any of the terms of this Agreement, MAHINDRA RETAIL PRIVATE LIMITED  shall be entitled, without any notice, to terminate the Membership of the Member and to revoke his Id.


6.2 It is expressly agreed and understood by the Member that any breach or default by the Member of any of the provisions of this Agreement shall result in the immediate cancellation of his Membership and revocation of his Id without notice.


6.3 MAHINDRA RETAIL PRIVATE LIMITED and its employees shall at no time be in any way liable or responsible to the Member or to any other person for any such cancellation of Membership and revocation of Id, provided that, MAHINDRA RETAIL PRIVATE LIMITED  shall be entitled to all its rights and remedies against the Member for any loss or damage or prejudice that may have been caused to MAHINDRA RETAIL PRIVATE LIMITED  on account of any such breach or default by the Member.


7.0 Indemnity by Member


7.1 The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless MAHINDRA RETAIL PRIVATE LIMITED  from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member’s use of the Service offered by MAHINDRA RETAIL PRIVATE LIMITED  at the site.


7.2 The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless MAHINDRA RETAIL PRIVATE LIMITED from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member’s default or breach of any of the terms of this Agreement.


8.0 Disclaimer and Limitation of Liability - Subject to any local, State, Federal or other applicable statute -


8.1 All warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by MAHINDRA RETAIL PRIVATE LIMITED including, but not limited to, meeting of the Member’s requirements or aspirations, timeliness, security, uninterrupted ness, error-free, the results or reliability of the Contest, or the delivery, quality, quantity, merchantability, fitness for use or non infringement in respect of any goods, services, emoluments, benefits or awards acquired or obtained through the Service or any transactions effected through the Service.


8.2 The Member expressly agrees that this use of the Service provided by MAHINDRA RETAIL PRIVATE LIMITED  is at the Member’s sole risk and is governed by the terms of this Agreement.


8.3 No advice or information, whether by representations oral, written or pictorial derived from the Site or through the Service shall be construed to mean the giving of any warranty of any kind by MAHINDRA RETAIL PRIVATE LIMITED .


8.4 At no time shall MAHINDRA RETAIL PRIVATE LIMITED  be liable to the Member or to any third party for the acts of omission or commission hosted by MAHINDRA RETAIL PRIVATE LIMITED  on the Site or for any direct, indirect, incidental, consequential or foreseeable loss, damage, injury, harm, prejudice or costs that that may arise or be caused to the Member by his use of the Service offered by MAHINDRA RETAIL PRIVATE LIMITED  at the Site or by termination of membership as provided herein.


9.0 Winnings


9.1 Intimation that a Member is a Winner of the Contest hosted by MAHINDRA RETAIL PRIVATE LIMITED  will be sent by MAHINDRA RETAIL PRIVATE LIMITED  by email and by the Contest Provider by such mode of delivery as the Contest Provider considers appropriate.


9.2 Where MAHINDRA RETAIL PRIVATE LIMITED  is the Contest Provider its liability is limited to, and only to, assuring the delivery of the winning within a reasonable period of time to the winner and does not extend to any other warranty or assurance whatsoever.


9.3 All winnings will be subject to local, State, Federal and Central taxes and duties.


10.0 Interpretation of this Agreement


10.1 The decision of MAHINDRA RETAIL PRIVATE LIMITED  as to the interpretation of any Clause of this Agreement shall be final and binding on the Member.


11.0 Arbitration


11.1 All disputes and differences between the parties hereto including as to the interpretation of any provision of this Agreement shall be referred to the Sole Arbitration of a person nominated by MAHINDRA RETAIL PRIVATE LIMITED   and the provisions of the Arbitration and Conciliation Act, 1996 will apply to such arbitral proceedings.


12.0  Copyright


12.1 Unless otherwise specifically noted, the copyright in all images, text and material on the Site belongs to and vests in MAHINDRA RETAIL PRIVATE LIMITED


12.2 Unauthorized reproduction of any text, image or other material without the prior written permission of MAHINDRA RETAIL PRIVATE LIMITED , in any form whether printed or electronic, is strictly prohibited and violations will be prosecuted to the full extent of the law.


13.0 Applicable Law and Jurisdiction


13.1 This Agreement shall be governed by and construed in accordance with the applicable laws in India.


13.2 This Agreement shall be deemed to have been entered into Bombay (Mumbai), India and the courts in Bombay (Mumbai) alone will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning this Agreement or any rights, duties, obligations or liabilities arising thereunder.

 

14.0 The company will send the GVs to the selected 500 customers by ordinary post. In case of loss of GVs ,the company shall not be responsible for the same.

 

-The GVs will be send to the address registered in the Mom & me website by the Customers.

-The GV validity will be as per terms indicated on the GV.

-The e mail is sent to the email id given by the customers, in case the e mail bounces then  GV will not  be sent to such customers.

-The company will inform the people registering on Mom and Me of various promos etc and the customer registering shall not have any  objection to it.

 

The benefit of the GVs issued to the customers shall be subject to the terms and conditions mentioned in the GV .

 


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